Public respectability

The Public respectability ( honestas publica ) is a term of the Catholic Church law . In Catholic marriage law, the lack of public honesty is an obstacle to marriage . It makes a marriage that has been concluded canonically null and void .

Definition

The public honesty barrier to marriage exists between a man or woman and the next of kin of a previous partner. It has its origins in an earlier public "cohabitation", ie an earlier, de facto marriage-like relationship between man and woman, which was not a marriage valid under canonical law . The main cases of application concern a marriage entered into purely according to civil law, which is not recognized as marriage by canon law.

The obstacle to marriage takes effect if a man or a woman wants to enter into a marriage with a first degree blood relative of a previous partner, even if the previous relationship did not constitute a marriage valid under canonical law (can. 1093 CIC ). Although the two betrothed in this case are neither related nor related by marriage, canon law denies them marriage.

The obstacle to marriage of public respectability is based on a quasi -brotherhood . This impediment to marriage was already known in Roman law . The obstacle to marriage complements the prohibition on entering into marriage between persons by marriage.

Dispensation

With the granting of a dispensation by the local ordinary (can. 1078 § 1), a marriage can still be concluded validly.

In practice, the obstacle to marriage has next to no significance. According to current church law, a mere premarital cohabitation of the partners does not fall under this condition.

Full text

Codex Iuris Canonici (1983): "Can. 1093 - Impedimentum publicae honestatis oritur ex matrimonio invalido post instauratam vitam communem aut ex notorio vel publico concubinatu; et nuptias dirimit in primo gradu lineae rectae inter virum et consanguineas mulieris, ac vice versa."

Unofficial German translation: "Can. 1093 - The obstacle to public respectability arises from an invalid marriage after the beginning of life together or from an obvious or public cohabitation; the obstacle renders the marriage null and void in the first degree of the straight line between the man and the blood relatives of the woman and vice versa. "